What are special damages in a Personal Injury case

Special damages are the amount of compensation awarded in a personal injury case. Understanding what special damages are is important to assess compensation for these cases.

These damages mean specific monetary losses directly caused by the injury. Examples include medical expenses, lost wages, and property damage, which are easily documented and precisely calculated. These costs can add up to be incredibly draining and overwhelming when already going through the worst of times.

At The Barnes Firm, we pride ourselves on assisting clients across the country in identifying these damages and proving them so our clients can get the compensation they deserve and move forward with their lives.

What is Considered Special Damages

Special damages or compensatory losses are monetary losses that can be calculated with precision. They include tangible costs you’ve incurred as a direct result of the accident or injury. These damages differ from general damages, as they are specific and quantifiable.

Some examples of these damages are:

• Medical expenses: This involves all the charges during the hospitalization, surgical procedures, drugs, and any other medical needs the person may require in the future.
• Lost wages: Loss of earnings as a result of missing work from work due to illness or injury.
• Loss of earning capacity: When injuries impact your ability to work or reduce your future wages.
• Property damage: Fixing or replacing any personal property that was destroyed in the given accident.
• Out-of-pocket costs: Costs such as transport to medical appointments or purchasing of products such as domestic help.

As defined in the Legal Information Institute special damages are the losses directly related to the injury and which can be supported by receipts, invoices, or medical reports. Thus, compensatory losses help people get back to normal by compensating them for the effects of the injury they sustained. For instance, an individual who has an accident in a car may require treatment for a long time and also alterations in their homes to facilitate their movement. These costs can be put into detail and recovered in the computation of damages without effort.

Special Damages in Personal Injury

In personal injury, the also known as monetary compensation, are very important since they help the victim to be fully compensated for the losses he or she suffered as a result of the accident. While the general damages address the non-economic damages, the compensatory losses seek to quantify the damages that you have suffered.

For instance, if you had a car accident and broke your leg, the surgery, the physical therapy, and the wages that you did not earn during your time off work would all fall under special damages. The Barnes Firm works with clients in order to ensure that these losses are well captured to enhance the amount of compensation that the client receives.

Occupational Assessment Services, Inc. has it that medical as well as economic reviews and evaluations are crucial in computing such damages. This makes it possible for both the current and future costs to be included. Besides the medical and financial documents, personal injury attorneys may seek the services of vocational experts who are able to assess the impact of an injury on an individual’s ability to work. This way even the most subtle economic losses such as loss of income or loss of promotion is included in the claim.

What are General Damages?

General damages, in contrast, refer to non-economic losses that don’t have a fixed monetary value. These damages compensate for the physical, emotional, and psychological toll of an injury.

Common examples of general damages include:

• Pain and suffering
• Emotional distress
• Loss of companionship or consortium
• Loss of enjoyment of life

Unlike economic damages, these are subjective and require thorough documentation, such as psychological evaluations and testimonies from family and friends, to support the claim. For instance, a severe injury might leave a victim unable to enjoy hobbies they once loved, such as hiking or playing a musical instrument. General damages account for these intangible losses, reflecting the profound impact an injury can have on quality of life.

Attorneys often calculate general damages by using a multiplier method or a per diem approach. The multiplier method involves applying a number, typically between 1.5 and 5, to the total special damages. The severity of the injury and the degree of pain experienced influence the multiplier.

The Other 2 Types of Damages

In addition to special and general damages, personal injury claims may involve punitive and nominal damages under specific circumstances.

Punitive Damages

Punitive damages are awarded to punish the defendant for egregious misconduct, such as gross negligence or intentional harm. These damages are not tied to the victim’s losses but are instead meant to deter similar behavior in the future. For instance, in employment discrimination cases, the EEOC emphasizes that punitive damages are applied when employers engage in willful or malicious misconduct.

Punitive damages often involve larger sums than compensatory damages, reflecting society’s interest in preventing harmful behavior. However, these damages are rare in personal injury cases and typically require clear evidence of recklessness or intentional harm by the defendant.

Nominal Damages

Nominal damages are symbolic awards granted when the plaintiff’s rights have been violated but no substantial harm occurred. These damages affirm that a legal wrong has been committed, even if financial compensation isn’t significant.
For example, a person who successfully proves that their privacy rights were violated might receive nominal damages to acknowledge the infringement. While not financially substantial, such awards serve to highlight the importance of legal protections.

How Damages Are Calculated in Personal Injury?

The calculation of damages in personal injury cases involves gathering detailed evidence to substantiate all losses. Attorneys evaluate medical records, employment history, and expert assessments to ensure accurate compensation.

For compensatory losses, documentation is critical. Medical bills, wage statements, and repair estimates provide the basis for claims. Future costs, such as ongoing medical care, are estimated with the help of economic and medical experts. An essential component is calculating life care costs for catastrophic injuries, which may involve decades of treatment or accommodations.

For general damages, attorneys often rely on multiplier methods. This approach involves multiplying the total special damages by a factor that reflects the severity of the injury and its impact on the victim’s life. Factors considered include the duration of recovery, the level of pain, and the extent of emotional distress.

In some cases, software tools are utilized to provide standardized estimates, ensuring consistency across similar claims. Additionally, attorneys may rely on precedents from past cases to argue for appropriate damages based on comparable injuries.

Do you need help from a Personal Injury Lawyer?

At The Barnes Firm, we understand the intricacies of calculating special damages and beyond. Contact us today for a free consultation and let us fight for the justice you deserve.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes